Excerpt: ...gages in a three‐step process. First, the Court identifies the issues framed by the pleadings. The pleadings define the scope of the issues on a motion for summary judgment or summary adjudication. (FPI Dev. Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381‐382.) Because a motion for summary judgment or summary adjudication is limited to the issues raised by the pleadings (Lewis v. Chevron (2004) 119 Cal. App. 4th 690, 694), all evidence submi...

Excerpt: ...p.m in Department 53. (Code of Civ. Proc. § 382; Cal. Rules of Court, rule 3.769.) Background This is a wage and hour class action for various alleged violations of the Labor Code by Defendant Fleetcor Technologies Operating Company, LLC (collectively “Defendant”). Plaintiff commenced this action by filing a complaint on behalf of herself and other non‐ exempt employees of Defendants. The operative pleadings is the First Amended Complaint ...

Excerpt: ...JN”). In its RJN, BANA cites to Evidence Code section 452(h) and seeks judicial notice by the Court of two documents attached thereto which BANA describes as follows: Exhibit A: “Credit Card Agreement for Thomas M. Witte” dated August 2014 Exhibit B: “Changes to Your Credit Card” dated August 2015 (ROA 105.) The Court notes that BANA's RJN in support of its demurrer is nearly identical to BANA's previously‐filed Request for Judicial N...

Excerpt: ...at will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This 2015 action is well known to the Court and in sum, it arises from an alleged real estate partnership between plaintiffs Angelica Lynn and Angel Lynn Realty (“ALR”) on the one...

Excerpt: ...d previously been damaged, totaled and salvaged. Plaintiffs sued for fraud, rescission and other statutory violations. In early 2022 the parties agreed to a settlement which was memorialized in writing and on 4/15/2022, plaintiffs filed pursuant to CRC Rule 3.1385 a Notice of (Conditional) Settlement of the Entire Case, thereby removing this action from the Court's civil active list. To date, no request for dismissal of this action has been filed...

Excerpt: ...ed by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Fac...

Excerpt: ...Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Background This 2015 action is well known to the Court and in sum, it aris...

Excerpt: ...ion filed on August 31, 2022, Defendant's counsel indicates Plaintiff's counsel conceded that Defendant did not owe her a fiduciary duty and was willing to dismiss the second cause of action for breach of fiduciary duty which would also impact the third cause of action for constructive fraud premised on the existence of a fiduciary duty. (Shirley Decl. ¶ 11.) Defendant's counsel asked Plaintiff's counsel if he wanted to file a third amended comp...

Excerpt: ...sonal benefit of his mistress, Yimin Dai and himself. Defendant is the trustee of the Samuel B. Fong Trust and Executor of Samuel B. Fong's estate. At issue on the instant motion is a complaint filed by Sam's siblings (Anna FingMorgan, et al.) (the “Siblings”) against Defendant and Defendant's cross‐petition for an “Order Confirming Trust Assets” in response to the Siblings' complaint. Generally, the Siblings allege Sam engaged in misco...

Excerpt: ...homas in Case No. 34‐ 2022‐00313560 as authorized representatives of the Labor and Workforce Development Agency (LWDA) and similarly situated individuals who were employed by Defendant Career Systems Development in California between January 28, 2019 and June 19 2022. Plaintiff Alexander asserted claims premised on the alleged failure to pay overtime, failure to pay minimum wages, failure to provide meal and rest period premiums, failure to r...

Excerpt: ...or rehearing challenged the holding that once individual PAGA claims have been ordered to arbitration, the remaining non‐individual PAGA claims should be dismissed for lack of standing. The petition for rehearing was denied on August 22, 2022. The Court's original tentative ruling addressed the merits of the motion and indicated that in the event that petition was denied, it would grant the motion to compel and would dismiss the matter. However...

Excerpt: ...t) and for declaratory relief. Plaintiff has since dismissed the declaratory relief cause of action. Plaintiff's causes of action arise from allegations that he had agreements with certain parties (“DPG parties”) which provided that he would have a first position security interest as to money that he lent/invested which was collateralized by the DPG parties' assets, including an automobile sub‐prime loan portfolio titled in the name of Spri...

Excerpt: ...ruck which crossed an opposing lane of traffic and collided with the Decedent's vehicle. The collision resulted in the Decedent's death. Plaintiffs allege that Defendants Amazon Logistics, Inc., JC's Express Lanes, Mian Transportations, Inc., and Jose R. Colon, Jr., were in the commercial trucking industry and were engaged in “the owning, leasing, dispatching, hiring, operating, servicing, brokering, maintaining, entrusting, renting, and/or lea...

Excerpt: ...bility discrimination, failure to accommodate, failure to engage in the interactive process, retaliation and failure to prevent discrimination, harassment and retaliation. She also alleges a cause of action for wrongful termination in violation of public policy and defamation. Plaintiff alleges that she had been employed for over ten years and was Defendant's preschool director. She alleges that Defendant terminated her because of her need for me...

Excerpt: ...ss, depression, lack of appetite and fatigue”. (Comp. ¶ 20.) Plaintiff also alleged harassment causes of action against individual defendants ("Defendant's employees”). Prior to Plaintiff's deposition, she produced 87 pages of unredacted mental health records which were marked confidential and produced pursuant to the parties' stipulated protective order. Defendant then served a subpoena for the production of records to Kaiser Permanente whe...

Excerpt: ...violation of Health & Safety Code § 1430(b), wrongful death, medical malpractice, and more. The action arises from the care the Decedent received at Defendant's skilled nursing facility. Defendant moves to compel the action to arbitration on the basis that Richard Holben (“Richard') signed an Arbitration Agreement in connection with the Decedent's admission to the facility in November 2020. Defendant contends Richard had the authority to sign ...

Excerpt: ... The opposition also asserts that plaintiff's motion here fails to comply with the provisions of CRC Rule 3.1324 and that several of the proposed causes of action are either time‐barred or otherwise deficient. Defendant's Request for Judicial Notice, which attaches copies of court filings, is unopposed and is granted. This action, commenced on 2/8/2022, arises out of plaintiff's employment with defendant. The present complaint purports to asser...

Excerpt: ...ult of a gift deed from Charles Watson who has since died. Plaintiff contends that he desires to sell the property but Defendant has refused. Plaintiff asserts that he has been the only one maintaining the property, paying the taxes, etc. and that it has become unduly burdensome. Plaintiff now seeks summary judgment and an interlocutory judgment of partition and sale pursuant to Code of Civil Procedure §§ 872.210 and 872.710. Defendant filed a ...

Excerpt: ...ion by sale of a single‐family home located in Sacramento (“the Property”). Chiment alleges as follows: (1) Hall purchased the Property in November 1998 and told Chiment that she would become a part owner following Hall's divorce; (2) by 2001 Hall made Chiment a joint tenant of the Property; (3) a dispute developed between Chiment and Hall and Chiment left the Property in March 2022; (4) Hall has solely occupied the Property since the dispu...

Excerpt: ...to October 27, 2022, at 1:30 PM, in this Department, so that parties can engage in continued good faith meet‐and‐confer efforts. The notice of motion provides the incorrect address of Department 53. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff filed her operative First Amended Complaint (“FAC”) against Defendants on July 6, 2021. (ROA 20.) Plaintif...

Excerpt: ...tion as a concession of its merits. In this elder abuse action Plaintiffs served the subject deposition notice (along with approximately 46 other notices) on April 7, 2022. (Dudensing Decl. Ex A.) At issue on this particular motion are the depositions of Folsom Investors' employees, originally noticed for the following dates: Brenda Hicks ‐ May 24, 2022 Malissa Ehrman ‐ May 24, 2022 Allie McCutchan ‐ May 25, 2022 Chantel Krahn ‐ May 25, 2...

Excerpt: ...Act. (Third Amended Complaint, "TAC," ¶¶ 7, 23.) Plaintiff alleges that when he tried to pick up his game tickets at the will‐call table that day, Krivacic took the envelope containing Plaintiff's tickets from an attendant at the table, examined Plaintiff's tickets, and gave the tickets back to the attendant, who then gave the tickets to Plaintiff. (TAC ¶ 7.) Plaintiff alleges that Krivacic did not examine the tickets of other customers and ...

Excerpt: ... Superior Court is 813 6th Street, Sacramento, California 95814. On June 16, 2021, Plaintiff filed his complaint against Happe and Defendant Main Street Associates, Inc. (“Main Street”) alleging several causes of action including breach of contract and fraud. (ROA 1.) Plaintiff eventually dismissed all causes of action against Ronald Happe and all causes of action against Main Street except the breach of contract cause of action. (ROA 12.) On...

Excerpt: ...See Cal. Rules Court, rule 3.1300(d).) Further, there are numerous deficiencies regarding service of Plaintiff's opposition. Plaintiff appears to have signed his own proof of service, and because he is a party, it was impermissible for him to do so. (Code Civ. Proc., § 1013a.) The corresponding proof of service only states that “I HEREBY CERTIFY that I mailed a copy of the foregoing pleading to opposing counsel of record, postage prepaid, this...

Excerpt: ...acramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp‐6a.pdf. Parties may contact Court‐Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court‐reporters/docs/crtrp ‐13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E‐206) is required to be signed by each party, the private cou...